94-1188 C File # �� ( / g�
OR3tt'1
411111 A Green Sheet # 2 7
ESOLU 31
r CITY • S INT PAUL, MINNESOTA
Presented y 16 - All 16—
Committee: Date
Referred o 1 1110,11 , 4 1:
, 1111111111p
RESOLVED, - = icensee,
Tu n J. Pharr, dba, Capital Market (License ID# 15772)
for the premises located at 478 Univ,rsity Avenue West, in Saint Paul is hereby ordered
to pay
a fine of $200 for the violet on of sale of tobacco products to a minor.
Said fine shall be paid to the le ffice of SaintnPaulnCityal
Protection within thirty days of th
Council and the Mayor's signature.
d in
This Resolution and the action takeJ
24, are
1994aseThepfacts the
as
the attached notice of complaint, d ted
letter are not contested.by the lic nsee, as evidenced by the attached letter, dated
June 27, 1994, signed by Tuan J. Phil on
the
based on the circumstances and argu e nts p
during the Public Hearing.
I
I
Requested by Department of:
Yeas N • •se
Office of License Ins ections and
a e Environmental Protection
T imm
Guerin
Harris
Me a ma A ��� �, i�
e n ___� - ---- -' By : 1
une _ _
Adopted by Council: Date A ' ' `i Attorney
VS Form Approved by City
Adoption Certified by Council S- r tart'
Approved b yor• Date 1 i� Approved by Mayor for Submission to
Olir il PP / �� N Council
By: L L By:
1 1
DEF RTMENTK>PFtCER:OUNCi D14TSINITIATED N0 2784 ,
GREEN SHEET
LIEF 8 -1Q - 94 INttu ,DA
palrlatroAtE CITY COUNCIL PERSON & PHONE 0 DEPARTMENT DIRECTOR
A$ N CITY ATTORNEY CITY CLERK i' I
1
1101) t Ke s s l N J F ® BUDGET DIRECTOR 0 FIN. & MOT. SERVICES DIR.
MUST EON we AGENDA BY (DATE) nouns
Orion ED MAYOR (OR ASSISTANT) ❑
ASAP
TOTAL # OF SIGNATURE PAGES 1 (CO ALL LOCATIONS FOR SIGNATURE) 1
ill 4
ACTION REOUESTED:
D
Uncontested adverse license action,'
t RECOMMENDATIONS: Approve (A) or Role* (R) ERSONAL S ERVICE CONTRACTS MUST !DER THE FOLLOWING QUESTIONS:
_ PLANNING COMMISSION CIVIL SERVICE COMMISSION Has this person/firm ever worked under a contract for this department?
YES NO
r — CIS COMMITTEE _ Has this person/firm ever been a city employee?
1. _ STAFF YES NO ? I 1
— DISTRICT COURT . Does this person/im'1 possess a skill not normally by any current city employee?
SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO I
4xplaln alt yes answers on separate sheet -and attach to green sh f
INITIATING PROBLEM, ISSUE. OPPORTUNITY (Who. What, When, Where. WI' ):
Sale of cigarettes to a minor. 1
a : Capital Market
478 University Avenue West
t i
ADVANTAGES IF APPROVED:
1
DISADVANTAGES IF APPROVED:
I
Council Research Center
AUG 111994
DISADVANTAGES IF NOT APPROVED:
/1
TOTAL AMOUNT OF TRANSACTION $
COST/REVENUE BUDGETED ( ONE) YES NO
s
FUNDII4G SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION: (EXPLAIN) 4
.2
I .
OFFICE OF THE CITY ATTORNEY
Timothy E. Marx, City Attorney
SMNT PAUL CITY OF SAINT PAUL
Civil Division
Norm Coleman, Mayor 400 City Hall Telephone: 612 266-8710
15 West Kellogg Blvd. Facsimile: 612 298 -5619
Saint Paul, Minnesota 55102
AAAA
July 18, 1994
NOTICE OF COUNCIL HEARING
Tuan J. Pham
Capital Market
478 University Avenue West
Saint Paul, MN 55103
RE: All licenses held by Capital Market for the premises located
at 478 University Avenue West in Saint Paul
Dear Mr. Pham: -
Please take notice that a hearing concerning the above - mentioned
establishment has been scheduled for 3:30 p.m., August 17, 1994 in
the City Council Chambers, Third Floor, Saint Paul City Hall and
Ramsey County Courthouse.
Enclosed please find a copy of the proposed resolution, with
attachments, for consideration by the City Council. This is an
uncontested hearing, in that facts contained in the attached police
report have been admitted to. You will have the opportunity to
present oral and /or written argument as to the appropriate
sanction, if any, to be imposed.
If you have any questions, please call me at 266 -8710.
Very Truly Yours,
'
PHILIP B. BYRNE
Assistant City Attorney
cc: Lt. Nancy DiPerna
St. Paul Police Department
Nancy Anderson
Assistant Council ecretary
Julie McEnroe
Community Organizes
District 17 Community Council
Robert Kessler, Director
LIEP
,
STATE OF MINNESOTA ) i
) iss. AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF RAMSEY )
Natasha Edwards, being fist duly sworn, deposes and says that on
July 19, 1994 she served the attached Notice of Hearing on the
following named person by placing a true and correct copy thereof
in an envelope addressed .s follow:
uan J. Pham
apital Market
78 University. Avenue West
.aint Paul MN 55103
(which is the last known addresses of said person) and depositing
the same, with postage pr= '•aid, in the United States mails at Saint
Paul, Minnesota. _
(1 )&7/
�:, CORINNE A. MARTENS NATASHA EDWARDS
'� NOTARY PUBLIC — MINNESOTA
WASHINGTON COUNTY
My Commission Expires tO43 97
Subscribed and sworn to .-fore me
this 19th day of July, 1'94.
R
eR.inl�lE A- a MAR TEALS
Notary • • is X p: / 0 - _97
1
9
UNCONTE TED LICENSE HEARING
Licensee Name: 11 apital Market
Address: 78 University Avenue West
Date of Council Hearing: Au; 17, 1994
Violation: Sale of Cigarettes o a minor § 324.07.
Date: June 15, 1994
Place: Licensed Premises
Matrix Presumptive Penalty: A
Recommendation by Assistant . ty Attorney on behalf of client, Office of License
Inspections and Environmental 'rotection:
To impose a $200 fine f• the sale of cigarettes to a minor.
Attachments
1. Proposed resolution
2. License information
3. Notice of Complaint
4. LIEP Inspection Repo t
5. Letter of licensee or . torney agreeing not to
contest the facts
q q - /STV
Lic ID 15772
STAT AC
Business Name PHAM, TIAN J
Address 478 UNI ERSITY AVE W
Zip 55103
Doing Business As CAPITALMARKET
License Name CIGARET'E
• OFF SAL MALT
• GROCERYj(C)
Exp Date 03/31/9'
Insurance Carrier LETTER IN LIEU
Ins. Policy Number
Insurance Effective Date 03/15/9!
Ins. Expiration Date WAIVE'
NOTE AREA INSPECT'R CHANGE FROM BARB TO MIKE - 1/6/92
. 12400
. 013191 'H ON APPN FOR NEW OFF SALE MALT 3.2 & CIGA
. RETTE LICENSE APP'D C.F. 91 -171
Tax Id 2852158
Worker Comp Exp Date 12/01/9
Telephone 222 -379.
OFFICE OF THE HE CITY ATTORNEY R
Timothy E. Mar; City Attorney
"AV CITY OF SAINT PAUL
SKINT
Civil Division
Norm Coleman, Mayor 400 City Hall - Telephone: 612 266 -8710
15 West Kellogg Blvd. Facsimile: 612 298 -5619
Saint Paul, Minnesota 55102
AA
June 24, 1994
Tuan J. Pharr
Capital Market
478 University Avenue W.
Saint Paul, Minnesota 551.3
RE: NOTICE OF COMPLAINT
Dear Mr. Pharr:
The Director of the sffice of License, Inspections and
Environmental Protection ill recommend that adverse action be
taken against all the icenses you hold at the above -named
premises. This recommendation is based on the following:
On June 15, 1994, a clerk or other employee sold
cigarettes to a wino under the age of 18 years in the
licensed premises. Ttis is an offense under Minn. Stat.
§609.685 and Saint P.ul Legislative Code §324.07.
If you do not dispute the ( above facts, and send me a letter to that
effect within 5 days, the ase will be set before the City Council.
You will have a chance t•', appear and make a statement before the
Council as to the proper %enalty, if any, to be imposed.
If you do dispute the abo a facts, a hearing will be set before an
Administrative Law Judge. At that hearing both you and the City
will be able to appear an present witnesses, evidence and cross -
examine the other's witne -ses. The Council will ultimately decide
the case. If this is your hoice, please let me know within 5 days,
and we will take the nec :ssary steps to set up that ALJ hearing.
Call me at 266- 8710.
Very truly yours,
f 2yr!
Assistant City Attorney
cc: Robert Kessler
Director, LIEP
Terry Hislop
License Division
//e
Office of License, Inspection ar Environmental Protection Memorandum
June 16, 1994
To: Rbbert Kessler, Director
Fr: Terry Hislop, Intern '
•
Re: Cigarette sale to minor complia ce check operation summary
I have been an intern with LIEP for i appoximately four years. In that time I have
conducted numerous investigations i tivevi -.g various licensed facilities and activities.
On June 15, 1994 between the hour - of 2:20 p.m. and 6:28 p.m., I accompanied Melissa
Jentc, age fifteen (birth date 9 -23 -78 to ,venty -two licensed cigarette retail
establishments for the purpose of deb erg Hng if such licensees would sell cigarettes to a
minor in violation of Section 324.07 '•f the Saint Paul Legislative Code and in violation
of Minn. Stat. § 609.685. Ms. Jent's physical description is as follows: caucasian, 5'7 ",
blue eyes, shoulder length brown h �ion Ms. Jents
weight
,�h ore a tan striped t-shirt and jean
pounds, t On
and time period of the "sting" opera
shorts. Ms. Jents wore little makeul.
On April 21, 1994 it was determine* that twenty -two licensed cigarette retail
establishments would be investigate' for compliance.
A random selection process was de ved in the following manner. A computer printout
was made by licensing staff person ' inda Koran by randomly generating eighteen
establishments from the total list of licensees through the random computer function in
the licensing system. In addition fo r other establishments were added as complaints
were received by this office making the total number to be investigated at twenty-two.
The investigation procedure consist d of sending the minor into respective listed
establishments attempting to porch. se a pack of cigarettes. At no time did the minor
produce false identification showin • an it correct age. At no time did said minor possess
a false identification card or licens -'. After the minor returned to the car and informed
me of such sale and of which empl. yee sold such (identification was made by name tag,
physical description, and by particu ar counter), I entered the establishment and identify
myself by showing my badge. I ex• aired that the sale of cigarettes to a minor was made
and that this act constituted a Bros• misdemeanor punishable of up to S500.00, and could
result in adverse action against the license or licenses held. I then asked for their name,
requiring them to spell it and reco led it in a copy of memorandum dated April 21, 1994
listing all the establishments to be nvestgated. I recorded any other relevant comments
or information. If the employee o ' m h�tg of establishment old beafforded to them. of
objection, I responded in clear ter due process
Receipts were retained. The receipt' and cigarettes are given to you in conjunction with
, this report in an envelope market ''C gar; rtes and Receipts from 6-15-94 Compliance 19 i
Review Operation."
Of the twenty -two establishments inv =aced, nine (9) cigarette retailers did sell
cigarettes to said minor. The follow 2 s a list of such licensees, the time of sale and
the name of the employee who cond cted the sale in the order they were randomly
selected:
Licensee Time of Sale Name of Employee
Total Mart 5:15 p.m.. Brent Steele
X 1529 White Bear Ave.
Lic. ID #15178
Capital Market 5:40 p.m. Minh Pham
' 478 University Ave. W
Lic. ID #15772
Clark Station 5:50 p.m. John Anderman
400 Dale St.
Lic. ID #15851
+< SuperAmerica #4421 5:56 p.m.
Vernon Mccalister
970 University Ave. W
Lic. ID #15882
Hotline 4:22 p.m. Dennis Devere
'� 175 5th St. E
Lic. ID #15946
Walgreens 2:30 p.m. Kim Warnar
522 Snelling Ave. S
Lic. ID #56215
Amoco 5:07 p.m. Janet Soderberg
1200 White Bear Ave. N
Lic. ID #28902
,3( Quik Pik 4:46 p.m. Steve Obeidat
993 Payne Ave.
Lic. ID #67886
Walgreens 3:28 p.m. Glenda Klaasen
X 734 Grand Ave.
Lic. ID #65780
Please note that I have attached th document completed in the field (dated 4- 21 -94)
which lists the establishments rand imly predesignated, the times of the each
investigatiori, the names of the em loyees conducting the sales to a minor and any notes.
cc: City Attorney's Offic°
e l A, n / '
P -37 ba00 1146/1Vhfld
393/ Q (��
39 _&d //t
3
yz
1 0/0(
irul+A
Office of License, Inspecti•',ns a = Environmental Protection Memorandum
-21 -94
6-15-94 Cigarette S i" Retail Establishment Sites
,4 Cig�re��e
Randomly Selected Retail Establ'shmeits (per license printout random
generation):
Establishment ins Investig c ated ale(x) Name of Employee
1. Mickey's Nook
492 Hamline Ave. S_
Lic. ID #15110
2. Applebaums 3:5
365 Wabasha St. N • Lic. ID 415160
re,
3. Total Mart n'�"
; (S
1529 White Bear Ave. N
Lic. ID #15178
4. Midway Emporium ; g c
1821 University Ave. W
Lic. ID #15291
5. Mickey's Diner 3 ; `{
1950 7th St. W
Lic. ID #15401
6. SuperAmerica #4020 ‘1 0 (
399 Lexington Pkwy. N
Lic. ID #15414
7. SuperAmerica #4023 v ; p ('
577 Smith Ave. S
Lic. ID #15415
8. Capital Market
:` X 124
478 University Ave. W
Lic. ID #15772 Y
9. Clark Station 5:5 '\ ° �"' ��� ��� "~ n
400 Dale St.
Lic. ID #158
10. SuperAmerica #4001 (-(; 3
296 7th St. E
Lic. ID #4001
EstablishnenL ire investicated Sale (x) Name of Employee
� (Q8/
11. The Ccurt Shoppe
2550 University Ave. W #195
Lic. ID #15874 v-., al i� L C. 1� S Irr
X rn o
12.
SuperAneriCa #4421 6: sb
970 University Ave. W
Lic. ID #15882
13. Lloyd's Pharmacy ^ 2 0
720 Snelling. Ave. N
Lic. ID #15917
14. Chatterbox Bar 3 :5
393 Selby Ave.
Lic. ID , #15929 - i
15. Cozy Cantina y ' ^
202 Concord St.
Lic. ID #15931
16. Hotline y :ZZ (Sc„n; S
175 5th St. E os--^ • i t, �' ���
Lic. ID #15946 - r-c« • •r
17. Ace Box Bar 6 :
2162 University Ave. W
Lic. ID #15999
18. The Manor
3 . 0 1
2550 7th St. W
Lic. ID #16068 1
Retail Establishments Where Co.plaints Have Been Received:
19. Walgreens
522 Snelling Ave. S z I <: ^� ‘.....t4 �'' ` r
'�°
Lic. ID ,#56215
20. Amoco S ;0Z J,,,Li S4./ct- Cr 6 q
1200 White Bear Ave. N S r . ( -, .'r.
Lic. ID #28902
21. Quik Pik v; - L c . 5/ ( _, (. �1beiC�4f
993 Payne Ave. X
Lic. ID #67886
22. Walgreens o X G ( o (� �� 1 'IS St 1 1
3 .� v
73.4 Grand Ave. '�
Lic. ID #65780
2
ii
/9
.35 :15 04.•4.94 Clay cr Saint Faul, Kinnesc a FA... 1
RAN:CM C :GA._1 E LICENSES rrCR M
EA / BUSINESS Ai. ..
License I a' , LAl;AcER I:A!SE..
_ °.0 :D .JSirRSS Ka 7M .
!'ICKEY'S NOOK C;GAnttit
15110 AL'cE6', lS�G.ALE4 _ ON SALE MALT (3.2)
`T FAUL, K S5 .CFF SALE MALT _
•
t
Y.� T� i
�5$'L_47 RESTAURANT (:) .R An 12
• SEATS
•
rr�� V rr�� Jy; [; GARLI IL
vJ RCYCO INC INN ARrLESA
365 4AE=.S: . :A ST i GROCERY (D)
ST. RAUL, Ki 55C2 OFF SALE MALT
COO-000D - BUTCHER (E)'AV.7 CND -
KART
GROCERY (C) .AltES F. HILL
:r iCiA1
51;8 AVANT! FEiROLE !, ...c. _ GAS STATION 152? WHITE SEAR AVE 1
ST. FAUt, KR 5711C4 • CIGARLt It
E$1.4'E3
.
+ ::AY EMPORIA
GROCERY (C) CATHERINE G AR
;52 >1 ART(, GATHER;);_ 3
1E21 UNiVERSIT AVE . CIGARETTE
ST. PAUL, !:N 5N104
6'5.3 55
Y.ICKEY'S D /VER CIGARETTE
154C1 Y.ICY.EY'S DIRER, :NC.
1950 7TH 57 u RESTAURANT (:).K RE THAN 12
SEATS
ST. PAUL, YEN 5
CO-
I 44 02O CIGARETTE
' SUPE'.AM :RICA GR� - ?, :I c• 5 )r :RAv!R CA
r
:99 LEXItiGiCN PKWY k CAS STATION
ST. PAUL, MN 55104 GROCERY (C)
RESTAURANT (A)• 2!R0.12 SEATS
L '7ERAKERICA .t INC S'FERAKER :CA (LO23 C:GA'RETiE
E:`5 S 5i7 SMITH AVE S GAS STATION
L KR 5 0
5T. FAA, 7 GROCERY (C) L 1�
CO- RtStAURAKT (A)• 2ERO.12 SEATS
T URN J CAPITAL
MARKET CIGARETTE
,5772 REAM,
478 UI:I VER57 i ( AVE CFF SALE MALT
ST. RA'JL, MN 55103 GROCERY (C)
222.3795
EF CLARK STATIC!• CIGARETTE
15E51 CLARK .IL REFINING [OR?
4C0 TALE S7 h ORIGINAL COI :TAD :ER
ST. PAUL, MN 55103 GA5 STATION
252•C254
•
I
C.4.C4 City .f Saint . a:A, Yi.^C.esc a PAGE 2
6::5 04 RANDOM CISA!, :tt: LICENSES FCR .i ::
. c . ID Business Na7e .& / .:5:NESS
=$ S:JF:RAMER ?CA GRO_'? ?!.0 5:.=_ A"•ER:CA 7;40:1 ;RESTAURANT (A) <E.•. T2 SEATS
2;5 7IR ST E y 1 GROCERY (C)
ST. ? _! , M4 55'' GAS $1 ?CN
S : FOOD r ... _
5 °_ ?; MURRAY, C •. EL ' ,NIV� •5 iY �: : .35 LAUNDRY /9C riC
ST. • UL, L 55'14 G= ;CCEE.T (C)
6.1
RONALD 3
5!..E2 SUFE RA".E R:tk ;O :? INC 5:.�' .AMERICA -'..21 CIGARETTE
570 UNIVERSITY ��E W
ST. ;AUL, `:N 55104
• 17 L'_CY- F-.•.,. S KAC1
ORIGINAL CCONTAINER 57 :O41iSC!'! 720 SNELLING A N CIGARETTE
.
ST. -UL, M4 5' 104
6 45•:6:5
'.O_:Ri D KCCAN
:529 MCCANN EROS C' :n :CX :}:C C:At. :r. ;CX EA
R CJGAn:tiE
rAt+
LJC•ON SALE•10OSEA7S /LESS•C
ST. FAUL, Y.4 SEIEY Kg 5 102 SUNDAY ON OFF SALE MALT
SAL_ L?OU:R
. 5
225.1230 I :c R_ iAURANT (D).MOR : TEAR 12
SEATS
L!:-ON SALE- i0SEAiSILESS•C i::R::tcT A }i0:.'E
51 't O'.'E , EE'nEERT L 2:2 CONCORD Dk S' SUNDAY Oh SALE L.. ;^U :R
2C2
ST. iAUL N 15107 -
224 2:
15, CFI SALE MALT
RESTAURANT (E) .'A N 12
SEATS
CIGARETTE
> =5 = Oil ?NE 17 5 lE CIGARETTE
575 iH ST -
ST. ;A'.L, KN 55101
252•. :21
CIGARETTE i'r.DXAS C SCA!:L
..59 SCANLON'S ACE BOX BAR & PU3 INC ACE ECX EAR
2162 UNIVERS TY AVE y GAMBLING LOCATICN (CLASS C)
ST. PAUL, K4 55114 RESTAURANT (B)-MORE TEAR i2
SEATS
ENTERTAINMENT•CLASS 2
646 .;:1 SUNDAY ON SALE L?cUC•R
1J C•0N SALE•100SEATS /LESS•C
1
9
• • cf Saint 72 1, �,.'.'£SC:B 1 �� r ;.E 3
: {::S �:' v Cy City i E!;SES FCR S 1: :
._ R;::.,'4 t;Gi+�CI._ It �.:.!;...ER !;. ";�..
,;Si�.E'_S };c'_ ...................... _ - ;}:�- hi.r�/,c5 � GL\ iic;l�ela
i� - 'c};IEn.
_ - .. Y, =} cf .N2 AY CIS S ' E !::-2R
���: I nE'� �'. {1'..R i }:v L::7 (i� ST '../ �ECi%. tin!; = )•U. If BIZ
Si. ;,;A: V.1� 51..:1 �1� SEk1$
G!, BL'i!gS LD':CI;C11 (CUSS 5)
L;
;! %'1 .^,•e!2 VAE'CVER 2:3 SEA - iS'n
CISAREiiE
1
I
Tuan J. Pharr
CAPITAL MARKET J UN 8 1994
478 University Avenue W
St. Paul, MN 55103 v C rrn
' kaREy
June 27, 1994
Mr. Philip B. Byrne
Assistant City Attorney
Civil Division
400 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
RE: Letter of June 24, 1994
Dear Mr. Byrne,
I would like to tell you that I do not contest the evidence you mentioned letter dated June
24, 1994. After I received the lette I asked my wife, Mai Vu and my daughter, d
found that was true. I feel very sort' for it. Our feel alone and phevent having
from ment illness. the
We only allow her to be in the store so she doesn't
That time my wife was bury with something else, so Minh sold the cigarette to a person
she said taller than her and was at 1 past 26 or 27 years old.
In short, we would like the city to help us in this matter by letting us pay a minimum penalty for
the first time. We will not let it happen again. Thank you for your help.
Sincerely yours,
Tuan J. Pham
cc: Robert Kessler, Director cf LIEP
Terry Hislop, License Div'sion